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Lev, Tax Advisor

Category: Tax

Satisfied Customers: 29918

Experience: Taxes, Immigration, Labor Relations

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I am 65 and has been on SS disability 10 years. I was

Customer Question

I am 65 and has been on SS disability for over 10 years.I was married for 11 years and am divorced and not married.Spousal benefit when I am 66 will be slightly smaller than mu full benefit at 66.I want to get spousal benefit at 66 and then my increased own benefit at 70.I know that thanks to deeming rule I cannot do it . How to avoid this?If I return to work, how long does it take so the deeming rule does not apply to me? I did not use any trial work periods yet.

Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.

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If you are eligible for both - your own benefits and spousal benefits - you generally will be entitled to receive the larger.

You may choose to receive spousal benefits only - HOWEVER - that will not provide you any advantages because your benefits will not increase - that option was eliminated starting May 1, 2016 and no longer available.

You may avoid that change in SS law....

After you reach your FRA - you may earn any amount - and that will NOT affect your benefits.

You may NOT avoid the new law - as it went into effect starting May 1, 2016.As you are disabled - you are currently eligible for spousal benefits - if you ex-spouse already started social security benefits.However - you will NOT be able to receive social security benefits and have your own benefits grow at the same time - that option is eliminated.

It doesn't matter if you will start to work or not.Currently - that option is ONLY possible for survival benefits.